Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§

CUKA v. SCHOOL BD. OF BON HOMME SCH. DIST

264 N.W.2d 924 (S.D. 1978)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
CUKA v. SCHOOL BD. OF BON HOMME SCH. DIST

3 Citing cases

  1. Powers v. Turner Cnty. Bd. of Adjustment

    2020 S.D. 60 (S.D. 2020)   Cited 6 times
    In Powers v. Turner Co. Bd. of Adjustment, 951 N.W.2d 284, 289-90 (S.D. 2020), the South Dakota Supreme Court reiterated the general rules that a litigant must have standing to pursue a claim in court, a court may not exercise its subject-matter jurisdiction unless the individuals pursuing the litigation have standing, and that subject matter jurisdiction is "conferred solely by constitutional or statutory provisions."

    Id. (emphasis added) (quoting Cuka v. School Bd. of Bon Homme School Dist. No. 4-2 of Bon Homme Cnty. , 264 N.W.2d 924, 926 (S.D. 1978) ). "When the threatened injury ‘will affect not only the other freeholders besides the plaintiffs, but all the inhabitants of that local district, whether they are freeholders or not[,] the injury is not personal but rather an injury to all citizens and members of the community.’ " Id. (quoting Wood v. Bangs , 46 N.W. 586, 588, 1 Dakota 179 (Dakota Terr. 1875) ).

  2. Cable v. Union County Bd. of Cty. Commissioners

    2009 S.D. 59 (S.D. 2009)   Cited 31 times
    Adopting the Lujan standard for standing, and ultimately rejecting petitioner's claim on that basis

    "[O]nly such persons as might be able affirmatively to show that they were aggrieved in the sense that by the decision of the board they suffered the denial of some claim of right, either of person or property, or the imposition of some burden or obligation in their personal or individual capacity, as distinguished from any grievance they might suffer in their capacities as members of the body public." Cuka v. School Bd. of Bon Homme School Dist. No. 1-2 of Bon Homme County, 264 N.W.2d 924, 926 (S.D. 1978) (quoting Camp Crook Independent School Distr. No. 1 v. Shevling, 65 S.D. 14, 26, 270 N.W. 518, 524 (1936); Blumer v. School Board of Beresford Ind. Sch. Dist. No. 68 of Union County, 250 N.W.2d 282, 284 (S.D. 1977)). When the threatened injury "will affect not only the other freeholders besides the plaintiffs, but all the inhabitants of that local district, whether they are freeholders or not[,] the injury is not personal but rather an injury to all citizens and members of the community."

  3. Application of Northern States Power Co.

    328 N.W.2d 852 (S.D. 1983)   Cited 7 times

    We have adhered to the Barnum test for an "aggrieved party" in several school board review cases. Cuka v. School Bd. of Bon Homme Sch. Dist., 264 N.W.2d 924, 926 (S.D. 1978); Blumer v. Sch. Bd. of Beresford Ind. S.D., 250 N.W.2d 282, 284 (S.D. 1977); Camp Crook Independent School Dist. No. 1 v. Shevling, 65 S.D. 14, 26, 270 N.W. 518, 524 (1936); but cf. Valley State Bank of Canton v. Farmers State Bank, 87 S.D. 614, 213 N.W.2d 459 (1973) (which was decided on South Dakota banking statutes, rather than an explicit test). NSP claims that it does have standing in this Court because the PUC's deferral deprives NSP of the money it requested during the time taken to resolve the Tyrone issue. Based upon Barnum and its progeny, we agree.